Rule 9.1 of the Australian Solicitors' Conduct Rules 2023 (Qld) (ASCR) provides that we must not disclose any information which is confidential to a client and acquired by us during the client’s engagement to any person unless permitted by Rule 9.2 ASCR.
Rule 9.2.5 ASCR states:
[A] solicitor may disclose confidential client information if the solicitor discloses the information for the purpose of preventing imminent serious physical harm to the client or to another person.
This is a permissive rule. When confronted by circumstances where this permitted exception may operate, ask the following:
- what is the prospect that the potential harm will occur and is it imminent?
- are there other ways that the potential harm could be prevented?
- under what circumstances has the information been obtained?
- how rational is the client?
- are you aware of any previous threats?
- is the client merely letting off steam?
Disclosure should be made only to the extent necessary to prevent imminent serious physical harm. Take a detailed note of any disclosure you make and to the persons to whom you make it.